Crim Law/Pro Flashcards
Insanity Defense
M’Naghten: Defendant had a defect of reason due to mental disease that caused them to not (1) appreciate the wrongfulness of their action; or (2) understand the nature of their action.
Irresistibile Impulse: D had a defect of reason due to mental disease that caused them to not be able to conform their conduct to the law.
Durham: D had a defect of reason due to mental disease and but-for that disease would not have done the wrongful act.
MPC Test: M’Naghten + Irresistible Impulse
Crime Against Persons (Non-Homicide)
Assault: Intentional or reckless act; that causes reasonable apprehension; of imminent harmful or offensive contact.
Battery: intentional or reckless act; that causes offensive or harmful contact
Kidnapping: (1) unlawful confinement; (2) of another; (3) without consent; and (4) coupled with hiding or moving
Theft Crimes + Arson
Burglary: (1) B&E; (2) of another’s dwelling; (3) at night; (4) with the intent to commit a felony therein
Robbery: Larceny + Force/Intimidation
Larceny: (1) Trespassory taking and moving; (2) of another’s property; (3) with the intent to permenantly deprive
Larceny by Trick: Gets possession. Larceny but with a misrepresentation
False Pretenses: Gets title. (1) D knowingl makes; (2) false representation; (3) about a material fact; (4) that causes; (5) the other to give title
Forgery: (1) MAKING of false writing; (2) with legal significance; with intent ot defraud
Embezzlement: (1) fradulent; (2) conversion; (3) of another’s property; (4) while the defendant had lawful possession
Receipt of Stolen Property: (1) receives stolen property; (2) that they know is stolen; and (3) with intent to permenantly deprive.
Arson: (CL) Malicious burning of another’s dwelling. (Modern) Malicious burning of a dwelling/structure/property
Inchoate Crimes
Conspiracy: CL - (1) agreement between two or more people; (2) with specific intent to carry out crime; and (3) an overt act
Liability: Co-conspirators liable for other (1) forseeable crimes; (2) if in furtherence of the crime.
Withdrawal: Once agrement is formed, can’t withdraw from conspiracy BUT can withdraw from future crimes if (1) they communicate to co-conspirators; and (2) have conforming conduct
Attempt: (1) specific intent to do crime; (2) takes a substantial step; (3) crime does not complete
Solicitation: (1) Request or encourage; (2) another to commit a crime; (3) intent that they do so
Merger: Solicitation and Attempt merge into crime if completed. Conspiracy does NOT
Defenses (Non-Insanity)
Self-Defense: Reasonable Force
Defense of Others: Reasonable beleif not the aggressor and Reasonable Force
Intoxication:
Voluntary: negates Specific Intent Crimes (FIAT)
Involuntary: All crimes potentially
Mistake
Mistake of Fact & Legal Impossibility: Mistake of fact: negates SI if honest and GI if honest AND reasonable. Legal impossibility is defense if action not illegal
Factual Mistake and Mistake of Law: Never defenses
Necessity: (1) reasonable belief; (2) to avoid greater danger to many
Entrapment: (1) inducement by police; and (2) D did not have predisposition to commit the crime
Accomplice Liability
Principal: The one who does the crime
Accomplice: A person who aids or abets with the commission of the crime. Knowledge a crime is being committed is not sufficient
Accessory before the Fact: Accomplice who aids or abets the crime but isn’t at the crime scene
Accessory after the Fact: An accomplice who aids or abets after the crime, to help cover it up
Liability: Accomplices are liable for additional crimes committed by the principal so long as they were forseeable
Withdrawal: Can withdraw before the crime is committed, but if he has already assisted must render prior assitance ineffective (work with cops)
Homicide
First Degree: Premeditated & Deliberate
Common Law
Intent to Kill
Intent to Cause Substantial Bodily Harm
Depraved Heart: Gross indifference to reckless actions
Felony Murder: (1) natural and probable consequence; (2) during commission; (3) of a BAARK felony. Generally not liable for co-felon deaths, split for bystanders
Manslaughter
Voluntary: (1) Heat of Passion - (a) adequately provoked (can’t just be words); (b) acted under heat of passion; and (c) no time to cool off; OR (2) imperfect self-defense (unreasonable belief of self defense or defendant started fight)
Involuntary: criminal negligence
Fourth Amendment
Reasonable Expectation of Privacy: A person has a REP in a place where they have a privacy or possessory interest. A person generally does not have a REP in public or in places of less scrutiny (border or when being booked). However a person may have a REP if there is a private area in public (a phonebooth). A REP expands to a persons curtilage (like a porch) but not to open fields.
Furthermore, enhanced surveillance technology does not violate a REP unless it is not generally available to the public.
Stop/Public Arrest/Warrant
Arrest: Needs probable cause, unless public. If public, no warrant required if crime comitted in officer’s presence. If crime committed outside presence, can arrest w/o warrant if felony.
Checkpoint: Automobile checkpoints are allowed if they are non-random and related to an automotive interest (sobreiety). An officer is permitted to request someone to step outside
Traffic Violation: An officer may legally pull someone over if they have a reasonable suspicion of a traffic violation, even if they have a, non Constitutional violating, ulterior reason.
Warrant: If not a stop or public arrest, warrant needed. Warrant requires: (1) probable cause; (2) supported by oath or affidavit; (3) issued by detached and neutral magistrate; and (4) describes the person or place to be searched/seized with particularity
Warrant Exceptions
Exigent Circumstances: Imminent danger or destruction of evidence
Search Incident to Lawful Arrest: If lawful arrest, officer may search within wingspan of arrestee so long as they are in area. (i.e. can’t search passenger compartment of automobile if person in squad car already). This includes protective sweeps
Consent: self explanatory, can be withdrawn any time.
Hot Pursuit: Prevention of escapee of wrongdoer
Automobiles: Can search passenger compartment of car with lawful stop; if probable cause, can search entire car and any compartment where contraband could be stored. Can also fully search any car that is impounded following lawful arrest.
Plain View: if in plain view when (1) officer lawfully in place where they saw the contraband/evidence; and (2) incriminating nature of contraband/evidence is readily apparent.
Evidence from Admin. Search: Government investigators who are conducting a search as part of a regulatory scheme of a highly regulated industry need not abide by the typical warrant law.
Stop and Frisk
Stop: Stop a person with reasonable suspicion
Frisk: If person reasonably appears to be armed, can conduct a pat-down. If pat down reveals item that is readily apparent to be contraband/weapons, can remove.
Exclusionary Rule + State Action + Incorporation
Incorporation: The amendments under the Bill of Rights are applied to the States under the Due Process Clause of the 14th Amendments.
State Action: To have a claim under the Constitutional, the State must have taken action by way of the legislature; a government actor; or a private actor at the government’s direction.
Exclusionary Rule: A violation of the 4th, 5th, or 6th Amendment results in the evidence gained being suppressed at trial.
Fruit of the Poisinous Tree
In addition to any evidence gained as the result of a Constitutional violation, any derivative evidence can also be suppressed.
Exclusionary Rule Exceptions
Isolated Negligence
Good Faith: If officer relies on facially valid warrant in good faith, no breach UNLESS method to obtain the warrant occured because of fraud, even if it wasn’t officer
Attenuation of the Circumstances: Lapse of time or other reason for arrest arises
Independent Source: Another source
Knock and Announce: Not a breach of exclusionary rule but does raise civil penalities for officer
Inevitable Disclosure: Evidence of unconstitutional search would have been found by constitutional search later. Like if person searches before warrant, finds something, and partner got warrant that arrived late.
Fifth Amendment
Privilege Against Self Incrimination: Protects criminal defendant from compulsion to give testimony that could expose to criminal liability. Can’t invoke for others.
Miranda Rights: Requires that a arrestee be granted their Miranda rights prior to a custodial interrogation
Miranda: Right to remain silent, anything said can be used against them. Right to attorney, if you don’t have one, one will be provided. Do you understand?
Rights must be unequivocally and expressly invoked.
Custodial: Where a reasonable person would not feel free to leave
Interrogation: Questions asked or conduct that are reasonbly meant to elicit an incriminating response
No Miranda rights are required if suspect doesn’t know they are talking to undercover officer/informent
Miranda Waiver: Can waive Miranda by voluntary statements but must be (1) knowing; (2) voluntary; and (3) made intelligently; or if enough time has passed, officers can re-Miranda-ize and try again.
Double Jeopardy: Attaches when jury impaneled; or if bench trial, when first witness on stand. Protects from being tried for same offense twice.
Identifications: Must not be (1) unnecssarily suggestive; that (2) leads to an substantial likelihood of misidentification
Sixth Amendment
Right to a Speedy Trial
Right to Counsel: Right to Counsel attaches when first charged or arraigned. Counsel must be present at all stages of critical proceedings, does not apply to photo identifications or physical evidence, but basically everything else. Only applies for the specific offense! (so if someone chargred with murder but then if you ask about a different burglarly, that’s ok)
Right to Effective Counsel:
D must prove that counsels performance was not as a reasonably competent attorney; and that it prejudiced defendant so much that results would have been different.
Defendant has right to self-represent
Defendant can substitute counsel but balances interests of courts, other party, and defendant
Confrontation Clause: Right to confront adverse witnesses. Prosecution can’t admit testimonial statements by a 3rd person unless declarant can be cross-examined when statement was made or in court. Does not apply to non-testimonial statements like emergency calls.
Joint Defendants: Joint defendants have issues if one of them confesses. Can’t be admitted unless it can be redacted or confessor takes the stand.
If prejudicial, will sever but generally likes to do at same time.
8th Amendment
Bail: Shall not be excessive or unduly high
No cruel or unusual punishment
Death penalty: No DP for persons who are mentally retarded; was minor at time of crime; or if co-felon committed a murder
Plea Bargains
Defendant can settle a plea bargain if (1) competent; (2) understands the charge; and (3) and understands the consequences of the plea.
Must be made (1) voluntarily; and (2) knowingly
